E-Discovery: Subpoenas and Non-Party Production Issues
Understand how Rule 45 may be used to effectively pursue electronically stored information (ESI) from third-party subpoenas. The decision to pursue ESI from a non-party via subpoena may result in a lengthy, ex-pensive, and sometimes onerous process for both the non-party and the requesting party. The non-party may incur exorbitant costs associated with responding to the subpoena, the requesting party may wait months or even years to receive the ESI, and the issue may end up being submitted to the court via a protracted motion process. This topic helps practitioners use the provisions of recently amended Fed. R. Civ. P. 45 to most effectively and cost-efficiently pursue third party ESI by subpoena. It also explains how a non-party can use the protections built into Rule 45 to effectively comply with, and object to third-party subpoenas. This content also provides practical considerations for practitioners on either side of a non-party subpoena to utilize in a manner that will help them shift some or all of their costs, including attorneys’ fees, onto the other party.
Who should attend?
- Introduction to Rule 45
- Background of Rule and Relevant 2006 Amendments
- ESI-Related Provisions
- Comparisons to Rules 26 and 34Effectively Seeking ESI From Third Parties to Avoid Undue Burden and Cost-Shifting
- Assessing Third Party ESI Needs
- Communicating With Third Parties
- Drafting the SubpoenaResponding and Objecting to the Subpoena Seeking ESI
- Complying With Deadlines and Obligations for Form and Manner of Production
- Issuing a Hold and Reserving ESI
- Communicating with Subpoena Sender
- Engaging in Motion PracticeThe Courts and Cost-Shifting
- Legal Tests For Cost-Shifting
- Federal Standards
- Recovering Attorneys’ Fees
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